Final Order 1

Order Details: Other
Pdf Text: 18.03.2019
SU 1975/18
@ Ch/s
585/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
None for Plaintiff.
None for Defendant.
Adj for service to 18.06.2019.
L.O. at 3.45pm.
Adv. Tripathi for Plaintiff present.
Adv. Barve for Defendant present.
Registered Ch/s no.585/19 filed by Adv for Plaintiff t.o.r.
Say filed by Defendant on Ch/s.
Order below Ch/s no.585/19.
Chamber summons is taken out for deletion of name of Plaintiff no.3
who died on 30.01.2010 i.e. before institution of suit. So provision of
O-22 of CPC cannot be invoked. Copy of death certificate shows that
Plaintiff no.3 died on 30.01.2010. Therefore, his name is required to
be deleted from cause title. Hence, pass following order.
ORDER
1. Chamber summons no.585 of 2019 is allowed and made absolute
in terms of clause (a).
2. Plaintiffs are directed to carry out amendment within two weeks
from date of order.
Accordingly, Chamber summons no.585/19 is disposed off.
Registrar(Civil) be informed that proper scrutiny seems to have been
not made while accepting the plaint as Plaintiff no.3 was not alive on
the date of institution of suit and no undertaking was taken from CA
that power of attorney granted in his favour was in existence on the
date of institution of suit.
Hence, adj for compliance to 18.06.2019.
Judge
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